DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS, AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 144

               C.C. CASE  NO. 149 OF 2018

DATE OF FILING : 24.12.2018                  DATE OF JUDGEMENT : 14.06.2019

Present                 :   President       :   Ananta Kumar Kapri

                                 Member        :    Jhunu Prasad

COMPLAINANT      : SRI ANIL KRISHNA BHADRA, @ A.K. BHADRA

                                    S/o – Late Khetra Nath Bhadra, Residing at Barhans Canal  

                                    Side Road, Garia, Kolkata – 700 084, Dist. – South 24          

                                    Parganas.         [Vide order no. 12 dated 24.07.2019]

•  VERSUS  -

O.P/O.Ps                    : 1. SAROJ KUMAR DAS, S/o – Kshetra Mohan, Residing at     

                                       19/1A, Selimpur, Road, Kolkata – 700 031.

                                    2. PRATIVA DUTTA, W/o – Ashutosh Dutta, Residing at 3/37,   

                                       Bibek Nagar, Kolkata – 700 075.

                                    3. RANJIT KUMAR PAUL, S/o – Late Kunja Mohan Pal,  

                                        Residing at 10, Chanchal Sarani, Kolkata – 700 075.

                                    4. M/S BASU BUILT, Represented by Mrs. Sudipa Basu, Wife    

of  Basu, Residing at 23, Santoshpur West Road, P.S. – Kasba, Kolkata – 700 075,      [Vide order no 12 dated 24.07.2019]                           

__________________________________________________________________

                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar Kapri, President

          Unable to have a deed of convenience registered by the O.P.s in respect of his car parking space, the complainant has filed the instant case under section 12, C.P. Act, 1986 against the O.P.s alleging deficiency in service on their part.

            Facts leading to the filing of the instant case may be epitomized as follows.

            The Complainant has purchased one car parking space together with proportionate undivided share on the ground floor of the building succinctly described in schedule to the complaint from the developer i.e. O.P. no. 4 for a consideration price of Rs. 35,000/- by virtue of a sale agreement dated 04.04.1994. O.P.- 1, 2 and 3 are land owners who entered into a joint venture agreement dated 24.09.1987 with O.P. no. 4 for raising a multistoried building on their land. Consideration price was paid in full to O.P. no.4 by the complainant and possession of the car parking space was also delivered to the complainant by O.P. no. 4 on the date of sale agreement. But, the land owners i.e. O.P. no. 1, 2 and 3 have not co-operated the developer to execute and register the deed of conveyance in respect of the car parking space of the complainant and therefore the complainant has filed the instant case praying nothing but one thing that a sale deed be directed to be registered by the O.P.s in favour of him in respect of his car parking space.

          Hence this case.

          Summonses are served upon the O.P.s as per postal reports available from the website. The O.P.s do not appear and therefore the case proceeds ex-parte against them.

          The complainant has filed evidence on affidavit in support of his averments along with the documents supporting his case.     

DECISION WITH REASONS

            Now to see whether there is any deficiency in service on the part of the O.P.s as alleged by the complainant and whether the complainant is entitled to get relief as prayed for by him. In the instant case it has transpired in affidavit evidence that he has purchased a car parking space from O.P. no. 4, has made payment of consideration price to O.P. no. 4 and has been in possession of the said car parking space since the date of sale agreement. All these evidences have remained unchallenged and uncontroverted. There is no reason to disbelieve this evidence of the complainant. By these evidences, it stands established that the complainant has purchased the subject car parking space from O.P. no. 4 / developer and is also in possession of the said car parking space. It also stands established by evidences on record that the O.P.s have neglected to execute and register a deed of conveyance in favour of the complainant in respect of his car parking space. Delay and negligence in executing the registering any sale deed in favour of the complainant is nothing but a gross deficiency in service on the part of the O.P.s.

          Given the facts, circumstances and evidences as discussed above, far be it from us to return the complainant with depleted hands and without granting relief and the relief is granted to him accordingly as hereunder.                

            In the result, the case succeeds.

            Hence,

ORDERED

            That the complaint case be and the same is decreed ex-parte against O.P.s with no cost.

            The O.P.s are directed to execute and register a deed of conveyance in favour of the complainant with respect to the subject car parking space of him within a month of this order failing which the complainant is at liberty to execute this award in accordance with law.  

            Registrar-In-Charge of this Forum is directed to supply a copy of the award free of cost to the parties concerned.                                                                                                                              I / We agree

                                                            Member                                     President

            Dictated and corrected by me

                                                         President